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How and when to claim homestead and TBE exemptions

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quincy

Senior Member
#17
Thanks for all your responses. I am from Leon County. http://www.leoncountyso.com/divisions/judicial-services/writs-and-levies says:
Any property owned by a defendant is subject to levy, with the exception of real property protected by homestead exemption. Property held in the name of multiple parties (i.e. John Doe and Jane Doe) is not subject to levy when judgment is against only one, or some, of the owners.

Also, that website states
Prior to the first date of publication, the plaintiff is required to send, via certified mail to the defendant, a copy of the Notice of Sheriff’s Sale, Notice of Sheriff’s Levy, and the aforementioned affidavit pursuant to F.S. 56.27.

Does it mean, the judgment creditor should send me a certified mail prior to the notice of Levy?
I hope this additional info may help you give me an answer on when I need to file (i.e., how far can I wait or how quick I can file)
You will be informed of any sheriff's sale prior to the sale.

I can tell you are worried, and
understandably so.

If you seek assistance at a legal aid clinic or from an attorney in Leon County, this should relieve some of your anxiety. You will know that you are protecting from the judgment creditor all of your assets that can be protected.

I wish you luck.
 

HRZ

Senior Member
#21
WHether or not the plaintiff got all the mandatory notice steps right , it's going to be safer and cheaper to be proactive and get your properties protected by taking the right steps as advised by counsel of your choice .
 

quincy

Senior Member
#22
WHether or not the plaintiff got all the mandatory notice steps right , it's going to be safer and cheaper to be proactive and get your properties protected by taking the right steps as advised by counsel of your choice .
I agree, and it appears that being proactive is exactly what ginberg was being when he came here to learn what he needed to do to protect his assets.

Now ginberg should seek out legal assistance in Florida so he knows all is done properly.
 
#23
Thanks again and I got legal assistance and the previous issue is addressed. Now I am facing another one.

In the same case, the court entered an injunction against me. Then Plaintiff filed a motion to hold me in contempt. The judge did not even read what I said in my response and entered an order holding me in civil and criminal contempt but gave me an option to appeal. He is retired from his job few days after this and I believe that he treated me unfairly. Now I am appealing it. In the initial brief that I am preparing, there is a section called “Standard of Review”. I read few standards and providing here. Could you advise me which one is appropriate in my situation?


(i). KEVIN CARTER v. DEBORAH HART, N THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA, FIFTH DISTRICT, Case No. 5D17-1189, March 16, 2018, the court stated: “We review the trial court’s decision to exercise its civil contempt power under an abuse of discretion standard of review. Jaffe v. Jaffe, 17 So. 3d 1251, 1253 (Fla. 5th DCA 2009) (citing Fox v. Haislett, 388 So. 2d 1261, 1265 (Fla. 2d DCA 1980)).”

(ii). In THE FLORIDA BAR v. ANN BITTERMAN, The supreme court of Florida, February 25, 2010, stated: “This Court’s standard of review in a contempt case is the same as that applicable to attorney disciplinary cases in general. Fla. Bar v. Shoureas, 913 So. 2d 554, 561 (Fla. 2005)”.

The Supreme Court of Florida, in THE FLORIDA BAR v. Geneva Carol FORRESTER, Nos. SC01-1819, SC02-1752, September 08, 2005, stated: “we agree with the Bar that the appropriate standard of proof is that which is applicable to attorney disciplinary proceedings in general, clear and convincing evidence.”

(iii). DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA, FOURTH DISTRICT
CHOPIN v. BRENNAN, No. 4D14-1599, [November 4, 2015], stated: “The Agreed Order is in the nature of a settlement agreement. Settlement agreements are contractual and are interpreted and governed by contract law. Barone v. Rogers, 930 So. 2d 761, 763–64 (Fla. 4th DCA 2006). Whether an ambiguity exists in a contract is a question of law subject to the de novo standard of review. “Language in a contract is ambiguous where it is ‘fairly susceptible to more than one interpretation.’” Torwest, Inc. v. Killilea, 942 So. 2d 1019, 1020 (Fla. 4th DCA 2006) (quoting McInerney v. Klovstad, 935 So. 2d 529, 531–32 (Fla. 5th DCA 2006)).”
(please note that the Injunction is not an agreed order but it was determined by the court although neither party appealed or questioned it. I am confused if such an injunction is same as a contract).
 

quincy

Senior Member
#24
I am sorry but I am afraid that what you are asking gets into the practice of law. No one on this forum - attorney or not - can help you draft your brief.

You will once again need to find assistance from an attorney licensed to practice in your own jurisdiction.

I hate to keep sending you away like this, ginberg, but forum members are limited in what they can do.

Good luck.
 
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